As I am acting in this case for Solvay I would like to give a more precise factual background and some comments on the opinion of the Advocate General (AG).

Solvay sued a Dutch and two Belgian Honeywell companies for the infringement of their EP patent in all countries where the European patent was valid claiming that all three companies infringed with the same product the EP in all these countries.

29/04/2010

Comments on the opinion of Advocate General Mengozzi in case C-428/08 (Monsanto Technology LLC v. Cefetra BV and others), by Willem Hoyng and Frank Eijsvogels, Howrey

On 9 December 2010, Advocate General Mengozzi delivered his opinion in the matter of Monsanto v. Cefetra c.s.. In this paper we will first give an overview of the relevant facts. Subsequently we will make a few comments on this opinion whereby we focus on the proposed answers to the first two questions that the District Court of The Hague referred to the European Court of Justice (ECJ).